Congratulations to MBL Executive Partner Tim Kubik and Senior Attorney James Flynn on securing a complete victory for an insurance client, arguing through a motion for summary disposition that the insurer was entitled to rescind its policy and owed no duty to an alleged innocent third party.
Plaintiff sued the insurance company following a motor vehicle accident with a pedestrian. However, the insurance company had no knowledge of the Plaintiff, as the policy holder chose not to disclose all household relatives, including the Plaintiff and two other adult drivers with suspended licenses. MBL argued that this was clear and unequivocal fraud, entitling the insurance client not only to completely rescind the policy, but also that the insurer owed no duty to the Plaintiff, regardless of their status as an “innocent third party.”
Following extensive written briefing and oral advocacy, including wading through a complex legal analysis and an ever-changing appellate landscape, the Court agreed with MBL’s position, and granted the motion in full – even over a competing MSD from another party. The claims against MBL’s client were dismissed in their entirety.
This result highlights MBL’s continued success in navigating complex insurance litigation, particularly in matters involving policy rescission, fraud, and coverage defenses.
Dated: October 24, 2025
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